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S_LG_2016A 03/15/2016 02:02:29 PM Committee Summary

Final

STAFF SUMMARY OF MEETING



SENATE COMMITTEE ON LOCAL GOVERNMENT

Date: 03/15/2016
ATTENDANCE
Time: 02:02 PM to 03:35 PM
Donovan
X
Kefalas
X
Place: SCR 353
Martinez Humenik
X
Tate
X
This Meeting was called to order by
Ulibarri
X
Senator Marble
Crowder
X
Marble
X
This Report was prepared by
David Beaujon
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
HB16-1106

HB16-1149

HB16-1145

HB16-1272
Amended, Referred to the Committee of the Whole - Consent Calendar

Amended, Referred to the Committee of the Whole - Consent Calendar

Referred to the Committee of the Whole - Consent Calendar

Referred to the Committee of the Whole



02:02 PM -- HB 16-1106



Senator Grantham and Senator Garcia, co-prime sponsors, described the provisions of House Bill 16-1106 concerning county authority to designate pioneer trail. The reengrossed bill allows a board of county commissioners to designate, by resolution, any public roads in the county as a section of a pioneer trail. A pioneer trail consists of public roads that follow original routes of travel of national historic significance. To make such a designation, the board must identify all of the roads that make up the pioneer trail. If a county designates any portion of a state highway as a pioneer trail, the designation is not effective until the General Assembly, acting by joint resolution, also designates the portion of the state highway as part of the pioneer trail. The board may not designate a pioneer trail across public lands on a road administered by the federal government unless the road is designated as open to travel by the federal management agency. The county may post, or allow to be posted, identifying and informative signs related to the pioneer trail along county roads.



The following persons testified on the bill:



02:07 PM --
Linda Balough, representing the Park County Department of Historic Preservation Heritage, Tourism, and Community Development, Board of Colorado Preservation Inc., spoke in favor of the bill and discussed the importance of historic places for the tourism industry. She also responded to questions from the committee about pioneer trails in Colorado.



02:15 PM -- Eric Bergman, Colorado Counties, Inc., spoke in support of the bill and discussed pioneers and pioneer trails in Colorado.





02:16 PM



The chair closed testimony and Senator Grantham and Senator Garcia closed their remarks on the bill.

BILL: HB16-1106
TIME: 02:17:18 PM
MOVED: Kefalas
MOTION: Refer House Bill 16-1106 to the Committee of the Whole with a recommendation that it be placed on the consent calendar. The motion passed on a vote of 7-0.
SECONDED:
VOTE
Donovan
Yes
Kefalas
Yes
Martinez Humenik
Yes
Tate
Yes
Ulibarri
Yes
Crowder
Yes
Marble
Yes
Final YES: 7 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS



02:21 PM -- HB 16-1149



Senator Newell, prime sponsor, discussed the provisions of House Bill 16-1149 concerning budget reporting exemption for homeowners associations (HOA) and distributed Amendment L.004 (Attachment A). Under current law, common interest communities, also known as HOAs, established prior to the 1992 enactment of the Colorado Common Interest Ownership Act (CCOIA) are exempt from certain budget reporting provisions. The reengrossed bill removes this exemption and requires executive boards of HOAs that predate CCOIA to provide a summary of a proposed budget to each unit owner, either by mail or by posting the proposed budget on their website; hold a meeting for unit owners to consider the proposed budget; and continue using the most recent approved budget if there is a veto of the proposed budget by a majority of unit owners. The bill also creates a new exemption from the budget reporting provisions for voluntary HOAs that do not impose mandatory fees.



160315 AttachA.pdf160315 AttachA.pdf



02:22 PM



Senator Crowder distributed Amendment L.002 (Attachment B). Senator Donovan moved the bill to the Committee of the Whole and Amendment L.002 (Attachment B) and Amendment L.004 (Attachment A).



160315 AttachB.pdf160315 AttachB.pdf





The following persons testified on the bill:



02:25 PM -- Candice Compton, representing herself, spoke in support of the bill. She discussed her experience as an HOA resident and expressed her concerns regarding the budget requirements in current law. She also distributed letters of support for the bill from Noreen Dahl (Attachment C), John Wallace (Attachment D), and former Senator Bruce Cairns (Attachment E). Ms. Compton answered questions from the committee regarding the budget of her HOA.



160315 AttachC.pdf160315 AttachC.pdf160315 AttachD.pdf160315 AttachD.pdf160315 AttachE.pdf160315 AttachE.pdf



02:28 PM -- Paula Moore, representing herself, spoke in support of the bill and discussed her experience with HOA executive boards and discussed the budgetary requirements. She also distributed a copy of her testimony (Attachment F)



160315 AttachF.pdf160315 AttachF.pdf



02:35 PM --
Joy McGlawn, representing herself, spoke in favor of the bill.



02:38 PM --
Suzanne Leff, Community Association Institute, spoke in support of Amendments L.002 (Attachment B) and Amendment L.004 (Attachment A). She also spoke in opposition to the introduced version of the bill and responded to questions from the committee about the HOA budget process for pre-CCOIA communities under current law and the effect of Amendment L.004 (Attachment A). She also responded to questions from the committee about possible amendments to Amendment L.004 (Attachment A)



02:51 PM



The chair closed testimony on the bill.





02:51 PM



Jennifer Berman, Office of Legislative Legal Services, responded to questions from the committee about amendments to Amendment L.004 and the reengrossed bill.

BILL: HB16-1149
TIME: 02:51:12 PM
MOVED: Marble
MOTION: Adopt amendment L.004, as amended. The motion passed without objection.
SECONDED:
VOTE
Donovan
Kefalas
Martinez Humenik
Tate
Ulibarri
Crowder
Marble
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
BILL: HB16-1149
TIME: 02:51:52 PM
MOVED: Marble
MOTION: This is a conceptual amendment. Amend Amendment L.004, strike line 10. The motion passed without objection.
SECONDED:
VOTE
Donovan
Kefalas
Martinez Humenik
Tate
Ulibarri
Crowder
Marble
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL: HB16-1149
TIME: 03:00:30 PM
MOVED: Kefalas
MOTION: This is a conceptual amendment. Moved to amend Amendment L.004, line 1, after "bill, insert "page 2" The motion passed without objection.
SECONDED:
VOTE
Donovan
Kefalas
Martinez Humenik
Tate
Ulibarri
Crowder
Marble
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
BILL: HB16-1149
TIME: 03:01:49 PM
MOVED: Crowder
MOTION: Adopt amendment L.002. The motion passed without objection.
SECONDED:
VOTE
Donovan
Kefalas
Martinez Humenik
Tate
Ulibarri
Crowder
Marble
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection





BILL: HB16-1149
TIME: 03:02:11 PM
MOVED: Crowder
MOTION: Refer House Bill 16-1149, as amended, to the Committee of the Whole, and with a recommendation that it be placed on the consent calendar. The motion passed on a vote of 6-0.
SECONDED:
VOTE
Donovan
Yes
Kefalas
Yes
Martinez Humenik
Excused
Tate
Yes
Ulibarri
Yes
Crowder
Yes
Marble
Yes
Final YES: 6 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS



03:03 PM



Senator Newell closed her remarks on the bill, as amended.




03:03 PM -- HB 16-1145



Senator Tate, prime sponsor, described the provisions of House Bill 16-1145 concerning documentary fees for residential real property. The reengrossed bill clarifies that the filing fee for a residential real property conveyance is calculated based on the total sales price, as listed on the conveyance document. If there is no amount listed, or the amount is less than $500 and there is related documentation, then the total sales price on the declaration form is used to determine the filing fee. The bill also stipulates that, for the purposes of determining a filing fee, a property is assumed to be residential property unless otherwise indicated as either commercial or industrial property. Filing fees for commercial or industrial conveyance documents are determined by the total sales price adjusted to account for other personal property included in the real estate transaction (personal property considerations).



The following persons testified on the bill:



03:07 PM --
Don Booher, representing the Land Title Association of Colorado, testified in support of the bill. Mr. Booher responded to questions from the committee.



03:10 PM --
Terry Jones, the Colorado Mortgage Lenders Association, spoke in support of the bill.



03:13 PM --
Ted Leighty, Colorado Association of Realtors, testified in support of the bill and responded to questions from the committee about the reengrossed bill.



03:16 PM --
Debra Johnson, Colorado County Clerks Association, Clerk and Recorder of the City and County of Denver, spoke in support of the bill.















03:17 PM --
Lisa Frizell, Colorado Assessors' Association, Douglas County Assessor, testified in support of the bill.



03:23 PM



The chair closed testimony and Senator Tate closed his remarks on the bill.

BILL: HB16-1145
TIME: 03:24:19 PM
MOVED: Tate
MOTION: Refer House Bill 16-1145 to the Committee of the Whole with a recommendation that it be placed on the consent calendar. The motion passed on a vote of 6-0.
SECONDED:
VOTE
Donovan
Yes
Kefalas
Yes
Martinez Humenik
Excused
Tate
Yes
Ulibarri
Yes
Crowder
Yes
Marble
Yes
Final YES: 6 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS



03:25 PM -- HB 16-1272



Senator Tate, prime sponsor, described the provisions of House Bill 16-1272 concerning the disconnection of land from a municipality. The reengrossed bill requires that a governing board that receives a disconnection application notify the board of county commissioners of the affected county that an application has been received and if requested by the board of county commissioners, meet with the board to discuss any negative impacts to the county that would result from the disconnection. Once a municipality receives an application to disconnect, the governing board must enact an ordinance to disconnect if the governing board finds that: the best interests of the municipality will not be negatively impacted by the disconnection; the tract of land contains in the aggregate an area of 20 or more acres and is located on or adjacent to the border of the municipality; no part of the land has been duly platted into lots and blocks as part of or addition to the municipality; all taxes and liens on the property have been paid as of the filing date of the application; and the board of county commissioners of the affected county has been notified and any negative impacts resulting from the disconnection have been addressed.



The following persons testified on the bill:



03:27 PM --
Erin Goff, representing Jefferson County, spoke in favor of the bill and responded to questions from the committee about the process for a property to disconnect from a municipality.







03:33 PM --
Brandy Delange, Colorado Counties, Inc., spoke in support of the bill.



03:34 PM



The chair closed testimony and Senator Tate closed his remarks on the bill.

BILL: HB16-1272
TIME: 03:34:12 PM
MOVED: Tate
MOTION: Refer House Bill 16-1272 to the Committee of the Whole. The motion passed on a vote of 6-0.
SECONDED:
VOTE
Donovan
Yes
Kefalas
Yes
Martinez Humenik
Excused
Tate
Yes
Ulibarri
Yes
Crowder
Yes
Marble
Yes
Final YES: 6 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS



03:35 PM



The committee adjourned.




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